Inheritance Disputes - Best lawyers

Have you encountered an inheritance dispute? Feel that you've been wronged in the distribution of an estate? Here you'll find Israel's leading attorneys in the field of inheritance disputes who will help you protect your rights.

This comprehensive information, from LawReviews, is designed to provide you with a clear and updated legal picture in the field of inheritance law in Israel. If you find yourself in the midst of an inheritance dispute, whether against siblings, spouses, or other heirs, you can find here the best leading attorneys in the field - and understand what legal options are available to you.

The Sensitivity and Complexity of Inheritance Disputes

Inheritance disputes are among the most emotionally charged and painful legal conflicts. Beyond the financial and property dispute, they carry a heavy emotional burden, family residues from years past, feelings of deprivation, disappointment, and anger. It's not just about dividing assets, but dealing with loss, with personal sense of justice, and often, with the breakdown of the closest family relationships.

Israeli law, anchored in the Inheritance Law, 1965, regulates how a person's estate is transferred after death. The law establishes two main ways of inheritance: inheritance by law (when the deceased left no will) and inheritance by will. The vast majority of inheritance disputes arise around one of these two ways, or a combination thereof.

An inheritance dispute is not a decree of fate. Proper management of the process, through an experienced and sensitive inheritance disputes attorney, can not only maximize your chances of realizing your rights, but also navigate the dispute in a way that minimizes family damage and leads to an efficient and just solution.

In this guide, we will dive deep into the central issues in the field, explain the legal grounds for objecting to a will, discuss common cases of inheritance disputes between siblings, and detail the legal procedures and options available to you.

Fundamentals of Inheritance Law in Israel: By Law and By Will

To understand the source of conflicts, it's essential to know the two legal frameworks for estate distribution.

1. Inheritance by Law

When a person dies without leaving a valid will, their estate will be divided according to the provisions of the Inheritance Law. The law establishes a hierarchical distribution mechanism based on "parentelae" (circles of family kinship):

• The spouse of the deceased: The spouse inherits the movable property (including vehicles) belonging to the joint household, and part of the remaining estate. The proportion depends on the existence of other heirs: If the deceased has children or their descendants, or parents - the spouse inherits half (50%) of the estate. If the deceased has no children, descendants, or parents, but has siblings or their descendants - the spouse inherits two-thirds (2/3) of the estate. In certain cases, the spouse may inherit the entire estate.
• The deceased's children and their descendants (first parentela): Inherit the remainder of the estate after the spouse's share. They divide the remaining portion equally among themselves.
• The deceased's parents and their descendants (siblings) (second parentela): Inherit only if the deceased has no children or descendants.
• The deceased's grandparents and their descendants (third parentela): Inherit only if there are no heirs in the first circles of kinship.

Disputes in inheritance by law may arise around questions such as: determining the status of a "common-law spouse," proving paternity, or disagreements about the scope of the estate to be divided.

2. Inheritance by Will

A will is a legal document in which a person determines how their property will be divided after death. The overarching principle in inheritance law is honoring the will of the deceased, therefore, if a valid will exists, it overrides the law's provisions. The Inheritance Law recognizes four types of wills:

1. Handwritten will: Entirely written in the testator's handwriting, bearing their date and signature.
2. Will with witnesses: Prepared in writing (usually printed), bearing a date, and signed by the testator in the presence of two qualified witnesses, who confirm their presence at the ceremony with their signatures on the will. This is the most common and secure will.
3. Will before authority: Stated orally or submitted in writing before a judge, inheritance registrar, court registrar, or notary.
4. Oral will ("on deathbed"): Stated by a person who is dying or believes they are on their deathbed, before two witnesses who understand their language. They must prepare a memorandum, sign it, and deposit it with the inheritance registrar as soon as possible.

Most inheritance disputes deal with challenging the validity of an existing will. This process is called objecting to the probate of a will.

Filing an Objection to a Will: The Central Grounds for Dispute

When an application for probate is filed with the inheritance registrar, any person with an interest in the matter (usually, a potential heir who was disinherited or whose share was reduced) may file a reasoned objection. If an objection is filed, the case is automatically transferred to the Family Court for decision.

The burden of proving the defect in the will rests on the objector. Inheritance dispute attorneys specialize in collecting evidence and building legal arguments around the following grounds:

1. Lack of Testamentary Capacity

The law stipulates that a minor, person of unsound mind, or one who did not know how to distinguish the nature of a will are not competent to make one. This claim is common in cases of elderly testators who suffered from dementia, Alzheimer's, or were under the influence of strong medications when making the will. Proving this claim requires collecting comprehensive medical documentation and submitting an expert opinion (geriatrician or psychiatrist).

2. Undue Influence

This is one of the most complex and common claims. Not every influence invalidates a will. Undue influence is pressure, threat, or manipulation that prevents the testator from exercising their free and independent judgment, to the extent that the will does not reflect their true will but the will of the influencer. The court examines several auxiliary tests to determine the existence of such influence:

• Dependency and independence test: Was the testator dependent on the beneficiary (physically, emotionally, financially)?
• Test of the testator's relationships with others: Did the beneficiary in the will isolate the testator from family members and other friends?
• Test of circumstances of will preparation: Was the beneficiary actively involved in preparing the will, choosing the attorney, or present at the signing ceremony?
• Test of the will's reasonableness: Do the will's provisions seem unreasonable or surprising in relation to the testator's relationships?

3. Beneficiary's Involvement in Will Preparation

Section 35 of the Inheritance Law establishes a dramatic provision: "A will provision that benefits someone who prepared it or witnessed its making or otherwise participated in its preparation... is void." This is a section aimed at deterring abuse. If an heir was substantially involved in preparing the will (for example, dictated its content to the attorney, paid for it, brought the testator to the attorney's office), the portion of the will benefiting them may be invalidated.

4. Formal Defects in the Will

Each type of will has mandatory formal requirements. For example, a will with witnesses requires the testator's signature and two witnesses. In a handwritten will, everything must be in the testator's handwriting. However, the court may, according to Section 25 of the law, probate a will despite a formal defect if convinced of its authenticity and the testator's free will. This is fertile ground for legal battles, when one side argues for invalidity due to the defect, and the other side asks the judge to exercise discretion and probate it.

5. Ambiguous, Incomprehensible, or Illegal Will

Sometimes, the will is written unclearly, contains contradictory provisions, or it's impossible to understand to whom exactly the testator intended to bequeath a particular asset. In other cases, the will's provision may be illegal, immoral, or impossible to execute, and in such cases the court may invalidate it.

Inheritance Disputes Between Siblings: The Main Battlefield

The most common and emotionally charged arena of inheritance disputes is between brothers and sisters. The family closeness, shared history, and inherent expectations make every disagreement particularly explosive. These disputes usually erupt around the following scenarios:

• Unequal distribution in the will: A parent who decides to give one of their children a larger portion of the property, or completely disinherit another child. This leads almost immediately to feelings of deprivation and resentment, and attempts to challenge the will with claims of undue influence.
• The "continuing son" or "caring daughter": One sibling who helped and cared for the elderly parent in their final years feels they deserve compensation or special recognition in the estate. When the will doesn't reflect this, or when there's no will at all, a bitter dispute may develop.
• Gifts and money transferred during lifetime: Often, parents give one of the children significant amounts of money or assets (like help buying an apartment) during their lifetime. After their death, the other siblings argue that these gifts should be seen as "advance on inheritance" and should be deducted from that sibling's share in the estate. This is a complex legal issue requiring decisive proof.
• Management of joint assets: The siblings inherit together real estate (the parents' apartment) or a family business. One wants to sell immediately, another wants to rent, and the third wants to live in the property. Disagreement about managing the joint property quickly leads to "dissolution of partnership" proceedings in court.
• Hiding assets or information: Suspicion that one of the siblings, who was closer to the parent, hid information about bank accounts, assets, or savings, in order to appropriate them outside the estate framework.

An inheritance disputes attorney knows how to approach these cases, collect the required evidence (bank statements, correspondence, testimonies), and represent their client's interests in the best way, whether in court or in settlement negotiations.

The Legal Process: From the Inheritance Registrar to the Court

First Stage: Filing an Application with the Inheritance Registrar

The process begins with filing an "application for probate order" (when there's no will) or "application for probate of will order." The application is published in the official gazette and daily newspapers to allow anyone interested to object.

Second Stage: Filing an Objection

The objector has a limited time period (usually 14 days from the publication date, or until the registrar issued an order) to file a detailed and reasoned objection statement, supported by an affidavit.

Third Stage: Transfer of the Case to Family Court

Once an objection is filed, the registrar loses authority and the case is automatically transferred to the Family Court, where it will be conducted as a legal lawsuit in every respect.

Fourth Stage: Conducting the Proceedings in Court

This stage includes:

1. Preliminary proceedings: Discovery of documents, interrogatories, and examining the possibility of mediation.
2. Evidence stage: Submission of witness statements by all parties and their witnesses, including experts (doctors, handwriting experts, etc.).
3. Cross-examinations: Each side examines the other side's witnesses in court. This is the crucial stage where the credibility of witnesses and evidence is tested.
4. Summations: The parties submit written summations (or argue orally) summarizing their legal and factual arguments.
5. Judgment: The court publishes its reasoned decision, determining whether the will is valid or invalid, and how the estate will be divided.

Beyond the Court Walls: Mediation and Agreements Between Heirs

Not every inheritance dispute must end in a long and expensive legal battle in court. Often, the most efficient and appropriate solution for the family is found outside the courtroom.

Mediation

A voluntary process where the parties meet with a neutral mediator (usually, an attorney specializing in the field) to reach agreements. Mediation allows open dialogue, saves significant costs, shortens timelines, and in many cases, succeeds in preserving or restoring family relationships.

Agreement Between Heirs (Estate Distribution Agreement)

Even if the will is valid or the rules of inheritance by law apply, the heirs may make an agreement among themselves establishing a different distribution of assets. For example, instead of each having 25% in an apartment, they can agree that one sibling receives the entire apartment and pays the others the value of their shares (equalization payments). Such an agreement requires court approval to have the force of a judgment.

Conclusion and the Importance of Professional Legal Advice

Inheritance disputes are a legal and emotional maze. Successful navigation of this maze requires not only deep understanding of the law and case law, but also human sensitivity, negotiation management ability, and correct legal strategy. Early consultation with an inheritance and wills attorney is the most important step you can take to ensure your rights are preserved, your interests are faithfully represented, and the chance of reaching a just and efficient solution - whether within the court walls or outside them - will be the highest possible.